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Come hear our Editor, David L. Ainbender, Esq., and other distinguished speakers!

There are new trademark
case law developments . . .    

. . . here's the Report.

Stay on top of all the latest new trademark case law developments with this online, comprehensive report –

Case Summary Reports with analysis, prepared by a veteran trademark lawyer, keep you current and knowledgeable about the latest new federal court decisions. 

A unique, easy-to-read format delivers the information to you with a "Case Snapshot" chart, images of the marks, and an outline layout.  

Court opinions conveniently included along with the Case Summary Reports.            

....Published
exclusively online
twice each month

 

 Trademark and trade dress law is complex and constantly evolving. 

– U.S. District Court Judge Zobel, Carroll Shelby Licensing, Inc., et al. v. Superformance Int'l., Inc. (D. Mass. Aug. 21, 2002)

Stay Up To Date

Published twice each month, The Cutting Edge Report is your online guide to the latest new trademark law decisions from all of the 100+ federal courts. With The Cutting Edge Report, you can easily stay on top of all the new case law developments in this ever-changing legal area throughout the year.

See the Sample Issue now. It's a complete issue, with all the Case Summary Reports and court decisions.

See the Frequently Asked Questions and read About The Cutting Edge Report to learn more.

See The Marks And Goods

"A picture is worth a thousand words."
Images of the marks, products and other related illustrative matter of interest are included in the Case Summary Reports.

You're not getting the whole picture about the latest new cases unless you can actually see what the parties are fighting over.

Why read through tedious written descriptions in court opinions or case summaries from other publishers?

You can see the marks, products and other related illustrative matter of interest here in every issue of The Cutting Edge Report. For example –

Does this art print depicting golfer Tiger Woods violate the Lanham Act or his right of publicity?

How can you fully understand and appreciate the complex issues in this case by reading the court's 100+ page opinion, or case summaries from other publishers, when they don't even show you what the whole case was about?

Another example:

Is this composite mark generic?

The crux of the holding in this case hinged on the visual appearance of the mark. But, if you read summaries from other publishers, you wouldn't get to see what the case was really all about. They don't show you the marks or other matter in dispute, but The Cutting Edge Report does.

In trade dress cases, it's especially helpful to see the products –

 Instead of just reading this ...    ... you can see this in
The Cutting Edge Report.  

Plaintiffs' trade dress has "a common theme yellow gold collars with colorful semi-precious stones placed on twisted sterling silver cable. The collars are composed of single bands of yellow gold on either side of square cut semi-precious colorful stones. The collars complete a circle around the sterling silver twisted cable that are then shaped into bracelets, necklaces, rings, and earrings."

"The defendants manufacture, import, advertise, distribute and sell 'The Torcellato Collection' ... which the plaintiffs allege infringe upon several of the plaintiffs' ... jewelry designs and the plaintiffs protected trade dress in dozens of those designs."

Check it out in the Sample Issue now.

Cases Of The Month

Every month, cases of interest from The Cutting Edge Report are featured in the Cases of the Month section.

The Case Summary Reports for these cases, along with the court decisions, are taken from The Cutting Edge Report and made available on a complimentary basis in the Cases of the Month section.

Free Cases Of The Month E-Mail Newsletter

Sign up now for the free Cases Of The Month newsletter.

You'll receive an e-mail alert when new cases are added to the Cases of the Month section. You won't miss any of the Cases of the Month before they are removed from the site and replaced by new updated material.

See The Sample Issue

The sample issue is a full, complete issue of The Cutting Edge Report, with all of the Case Summary Reports and court opinions.

Check it out here.





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An indispensable tool for anyone dealing with trademark
law. 

Paul D. Supnik, Esq.,
Beverly Hills, CA,
past Chair, L.A. County Bar's Intellectual Property & Entertainment Law Section


Cases of the Month

Do you know about these new cases?

Queen Of Parody –
Artist's Photo Series Of BARBIE Dolls Is Protected Fair Use

For a mere doll, BARBIE has generated more than her share of intellectual property case law. In this recent case, the Ninth Circuit held that a photo series critical of "Barbie", entitled "Food Chain Barbie," was a parody, and protected as fair use.

The dolls appeared in a variety of unflattering poses, including inside a malted blender (see above) and laying in a row in a casserole dish inside an oven. Needless to say, Mattel was not amused.

This is an important new decision regarding parody and fair use – a must read for anyone dealing with these issues.

 

Booze Battle –
GEORGI O Vodka vs.
BACARDI O Rum


"No sober consumer would be confused," the court said in ruling against the maker of GEORGI O vodka in its unsuccessful trademark infringement suit against the maker of BACARDI O rum.

Does the "O" oval design in both marks, shown at left, confuse you? The court didn't think so, and ruled against Plaintiff following a bench trial.

This is a case where a common design element was not sufficient to support a finding of likelihood of confusion. Read the Case Summary Report to see why.

 

Pop-Up Ads Shot Down –
Court Enjoins Internet Pop-Up Ads Triggered By Plaintiff's Mark And Domain Name

There has recently been a flurry of litigation over Internet advertising that is keyed to trademarks and domain names. One front of this battle involves Internet pop-up ads that appear depending on the user's browsing activity.

After a couple of recent victories, Internet pop-up advertiser WhenU.com was recently preliminarily enjoined by the U.S. District Court for the Southern District of New York. In contrast to other recent decisions, this court found that use of Plaintiff's mark and domain name to trigger pop-up ads constituted "use" under the Lanham Act and caused initial interest confusion.

This important decision affects not only pop-up ads, but also has implications for other forms of keyed Internet advertising, such as search keyword advertising.

 




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